HomeMy WebLinkAbout20210979.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0002, FOR A COMMERCIAL RECREATIONAL FACILITY
INCLUDING ANIMAL TRAINING WHERE MAXIMUM NUMBER OF ANIMAL UNITS
PERMITTED IN SECTION 23-3-70.D IS EXCEEDED OR TRAFFIC TO AND FROM THE
FACILITY EXCEEDS 60 DAILY TRIPS (DOCK DIVING FACILITY FOR DOGS) IN THE
A (AGRICULTURAL) ZONE DISTRICT - DANE AND NELDA KORNASIEWICZ,
C/O CASSIDY ORR
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 14th day of
April, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Dane and Nelda Kornasiewicz, c/o Cassidy Orr, 620 State Highway 52, Erie,
Colorado 80615, for a Site Specific Development Plan and Use by Special Review Permit,
USR21-0002, for a Commercial Recreational Facility including animal training where maximum
number of animal units permitted in Section 23-3-70.D is exceeded or traffic to and from the facility
exceeds 60 daily trips (dock diving facility for dogs) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Subdivision Exemption, SE -962; being part of the
NE1/4 of Section 6, Township 1 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicants, Dane Kornasiewicz and Cassidy Orr, were
present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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SPECIAL REVIEW PERMIT (USR21-0002) - DANE AND NELDA KORNASIEWICZ,
C/O CASSIDY ORR
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1) Section 22-2-30.C.1 states: "Transition between land use types and
intensities with buffers. Uses that are incompatible with existing uses must
be able to mitigate conflicts." The proposed dock diving facility is located
near the southern property line (further away from the existing residences
to the east). The applicant has provided a noise study indicating that the
property can meet residential noise standards.
2) Section 22-2-40.A states: "Identify target areas where the County is able to
encourage shovel -ready commercial and industrial development." This
property is located in a Weld County Opportunity Zone, where applicants
are encouraged to explore commercial opportunities that are compatible
with the surrounding area. A dock diving facility is a commercial opportunity
that is compatible with the surrounding area when impacts like noise and
traffic are adequately mitigated.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
1) The proposed use is permittable under Section 23-3-40.A, which allows for
ANIMAL BOARDING and animal TRAINING FACILITIES where the
maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below
is exceeded or traffic to and from the facility exceeds sixty (60) average
daily trips and Section 23-3-40.H allows for COMMERCIAL
RECREATIONAL FACILITIES as a Use by Special Review in the
A (Agricultural) Zone District.
2) Section 23-3-10 — Intent, states: "Agriculture in the County is considered a
valuable resource which must be protected from adverse impacts resulting
from uncontrolled and undirected business, industrial and residential land
uses. The A (Agricultural) Zone District is established to maintain
and promote agriculture as an essential feature of the county. The
A (Agricultural) Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural
production, and for areas for natural resource extraction and energy
development, without the interference of other, incompatible land uses."
The proposal meets the intent because the proposed use will not impact
surrounding agricultural uses. No farm ground will be taken out of
production as a result of this use.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible with
the existing surrounding land uses. The site is located immediately to the west of
two (2) residences. The property to the south and west is located within the Town
of Erie municipal limits and has been platted for a two -lot minor subdivision, which
has not been developed. One (1) e-mail from a neighboring property owner to the
southwest of the site stated concerns with noise (barking dogs) and increased
traffic. The applicant has provided a noise report stating that the use will meet the
residential noise standard. The facility will be operated during daylight hours (no
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lighting). Traffic to and from the site is limited during weekdays and the higher
traffic animal competitions will be limited to one (1) event a month. Conditions of
Approval and Development Standards (noise limits) will assist in ensuring
compatibility with existing surrounding land uses.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible with
future development of the surrounding area, as permitted by the existing zoning,
and with the future development, as projected by Chapter 22 of the Weld County
Code and any other applicable code provisions or ordinances in effect, or the
adopted Master Plans of affected municipalities. The site is located within the
three (3) mile referral area of the Town of Erie and the Town of Frederick. This site
is not located within the boundary of a Cooperative Planning Agreement (CPA).
The Town of Frederick, in the referral response dated January 11, 2021, stated no
conflict with their interests. The Town of Erie, in the referral comments dated
February 3, 2021, indicated the Town of Erie Comprehensive Plan (last updated
in 2015) identifies the property as LDR-Low Density Residential and this zoning
classification does not include business uses. The Town of Erie stated they do not
support the request as it conflicts with their Comprehensive Plan. The Town of Erie
stated the adjacent property is in the platting process for residential development
and requested the outdoor dog facilities be located a minimum of 300 feet from
this property. The size and shape of the property does not allow the outdoor dog
facilities to be located a minimum of 300 feet from the town limits of Erie.
Additionally, relocating the facility would move it closer to existing residences to
the east whereas the property in Erie has not yet been developed/built for
residential use. There is presently an equipment building (constructed in 2006) on
the property. The applicant provided a noise study that indicates that the facility
can meet the Residential noise standard, measured 25 feet from the property line.
E. Section 23-2-230.B.5 — The application complies with Chapter 23, Articles V
and XI, of the Weld County Code. The property is not within the Geologic Hazard
Overlay District, Agricultural Heritage Overlay District, Airport Overlay District, MS4
Area or a Special Flood Hazard Area. Building Permits issued on the property will
be required to adhere to the fee structure of the County -Wide Road Impact Fee,
County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed use.
The proposal is located on approximately 3.87 acres delineated as "Prime, if
Irrigated" and "Prime", per the 2020 Natural Resource Conservation Service Soil
Survey. The property has existing residential improvements, is not being farmed
and is too small for larger scale agricultural production.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld County
Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions
of Approval and Development Standards can ensure that there are adequate
provisions for the protection of the health, safety, and welfare of the inhabitants of
the neighborhood and County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Dane and Nelda Kornasiewicz, c/o Cassidy Orr, for a
Site Specific Development Plan and Use by Special Review Permit, USR21-0002, for a
Commercial Recreational Facility including animal training where maximum number of animal
units permitted in Section 23-3-70.D is exceeded or traffic to and from the facility exceeds 60 daily
trips (dock diving facility for dogs) in the A (Agricultural) Zone District, on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
Prior to recording the map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0002.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
6) The map shall delineate the parking area for the vendors,
customers and/or employees.
7) The Colorado Department of Transportation (CDOT) has
jurisdiction over all accesses to state highways. The applicant shall
show the approved CDOT accesses on the map and label with
access permit number, if applicable.
8) The applicant shall show and label the drainage flow arrows.
9) The applicant shall contact CDOT to verify the right-of-way to be
shown and labeled.
10) The applicant shall show and label the parking and traffic circulation
flow arrows, showing how traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map, the applicant
shall submit a Mylar map along with all other documentation required as Conditions
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of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
4. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. Activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of April, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ���uW! W �Gto��
2021-0979
PL2794
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DANE AND NELDA KORNASIEWICZ, C/O CASSIDY ORR
USR21-0002
A Site Specific Development Plan and Use by Special Review Permit, USR21-0002, is for
a Commercial Recreational Facility including animal training where maximum number of
animal units permitted in Section 23-3-70.D is exceeded or traffic to and from the facility
exceeds 60 daily trips (dock diving facility for dogs) in the A (Agricultural) Zone District,
subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation for private bookings are from 9:00 a.m. to 7:00 p.m., Monday
through Friday, on an annual basis from April 15th to October 15th.
4. Dock Diving Competitions will occur one (1) weekend a month on an annual basis from
April 15th to October 15th. Competition hours shall be between the hours of 9:00 a.m. to
5:00 p.m.
5. The parking area on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
7. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
10. The historical flow patterns and runoff amounts on the site will be maintained.
11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5, as amended) shall be stored and removed for final disposal in
a manner that protects against surface and groundwater contamination.
12. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
13. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I of the Weld
County Code, and the accepted Waste Handling Plan and Nuisance Abatement Plan.
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14. Fugitive dust shall attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations and the
accepted Dust Abatement Plan.
15. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes.
16. For temporary uses that are utilized for a time period of six (6) months or less, portable
toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment. Portable toilets shall be serviced
by a cleaner licensed in Weld County, contain hand sanitizers and be screened from public
view.
17. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
18. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in C.R.S. §25-12-103. The facility shall operate in
accordance with the accepted noise report.
19. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
20. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
21. Building Permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A Building Permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2018 International Building Codes,
2006 International Energy Code, 2017 National Electrical Code, and Chapter 29 of the
Weld County Code. A Plan review shall be approved, and a permit must be issued prior
to the start of construction.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
23. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
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any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
24. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
25. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
26. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
27. A Use by Special Review Permit shall terminate when the use is discontinued for a period
of three (3) consecutive years, the use of the land changes, or the time period established
by the Board of County Commissioners through the approval process expires. The
landowner may notify the Department of Planning Services of a termination of the use, or
Planning Services staff may observe that the use has been terminated. When either the
Department of Planning Services is notified by the landowner, or when the Department of
Planning Services observes that the use may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
28. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
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29. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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